Thakor Karajben W/O Chhotaji vs State Of Gujarat
2025 Latest Caselaw 439 Guj

Gujarat High Court

Thakor Karajben W/O Chhotaji vs State Of Gujarat on 1 July, 2025

                                                                                                                NEUTRAL CITATION




                              C/SCA/8252/2025                                    ORDER DATED: 01/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 8252 of 2025

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                                          THAKOR KARAJBEN W/O CHHOTAJI & ORS.
                                                         Versus
                                                   STATE OF GUJARAT
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                       Appearance:
                       MR DEVEN PARIKH, SR. COUNSEL, WITH MR ISA HAKIM WITH MS
                       NITYA JOSHI FOR GANDHI LAW ASSOCIATES(12275) for the Petitioner(s)
                       No. 1,10,11,12,13,14,15,16,17,18,19,2,20,3,4,5,6,7,8,9
                       MS POOJA ASAR AGP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                             Date : 01/07/2025

                                                              ORAL ORDER

1. The present Special Civil Application has been filed praying for the following reliefs:-

"10A. Quash and set aside the order passed by the Deputy Collector, Daskroi - Respondent No.1 dated 19.03.2025 ('Annexure-A');

B. Direct the Deputy Collector, Daskroi - Respondent No.1 to remove/delete the endorsement of new tenure (navi sharat) in the revenue record of the land bearing Old Survey No. 203, Block No. 210 and Re-Survey No. 285 admeasuring 2 Acres, 26 Gunthas of Village- Enasan, Taluka-Daskroi, District-Ahmedabad;

C. Quash and set aside the order passed by the Prant Officer, Daskroi dated 23.10.1972 ('Annexure-G');

D. In the alternative, to call for the record of the land bearing Old Survey No. 203, Block No. 210 and Re-Survey No. 285 admeasuring 2 Acres, 26 Gunthas of Village-Enasan, Taluka-Daskroi, District- Ahmedabad to ascertain whether the subject land is of new tenure.

E. Pending admission, hearing, and final disposal of the present application, to direct the Respondent authorities not to take any coercive action in respect of the possession of the Petitioners of the

NEUTRAL CITATION

C/SCA/8252/2025 ORDER DATED: 01/07/2025

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land bearing Old Survey No. 203, Block No. 210 and Re-Survey No. 285 admeasuring 2 Acres, 26 Gunthas of Village-Enasan, Taluka- Daskroi, District-Ahmedabad.

F. To grant such other and further relief/s as may be deemed, fit, just and proper in the facts and circumstances of the case, and in the interest of justice and equity."

2. It is submitted by Mr. Deven Parikh, learned Senior Counsel for the petitioners that by a detailed application dated 22.12.2024 to the Dy. Collector, the petitioners had prayed that the words "New Tenure"

included in revenue record of the subject land may be deleted. In the said application, the petitioners have relied on several judgments of this Court as well as on the entire revenue records. He submits that by the impugned order dated 19.03.2025, without taking into consideration any of the contentions raised by the petitioners and adjudicating the same, the Dy. Collector has passed an order solely based on the report given by the Mamlatdar. He submits that the impugned order is also in contravention of the judgment of the learned Division Bench of this Court in Letters Patent Appeal No.1137 of 2015 dated 14.10.2019.

3. Vide order dated 25.06.2025, this Court has directed learned Assistant Government Pleader to take appropriate instructions in respect of the re-hearing of the case by the Dy. Collector and to adjudicate the same afresh by passing a reasoned order.

4. Learned Assistant Government Pleader submits, upon instructions, that the Dy. Collector shall give a fresh hearing to the petitioners and thereafter pass a reasoned order within a period of 12 weeks.

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                              C/SCA/8252/2025                                      ORDER DATED: 01/07/2025

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5. Considering the submissions made by the learned counsels for the parties, the impugned order dated 19.03.2025 passed by the Dy. Collector, Daskroi, Ahmedabad is quashed and set aside being unreasoned order and further not dealing with the contentions raised by the petitioners. The respondent - Dy. Collector is directed to decide the application of the petitioners dated 22.12.2024 within a period of 10 weeks from the date of receipt of this order. The respondent - Dy. Collector shall deal with all the contentions raised by the petitioners in their application as well as the judgments relied upon by the petitioners. The respondent - Dy. Collector shall pass a reasoned order dealing with all such contentions on its own merits and in accordance with law.

6. It is made clear that this Court has not gone into the merits of the case nor any opinion is expressed thereon.

With the aforesaid directions, the present Special Civil Application stands disposed of. Direct Service is permitted.

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN